ATMA RAM KANORIA Vs. MAHABIR PRASAD BAGRODIA
HIGH COURT OF CALCUTTA
Atma Ram Kanoria
Mahabir Prasad Bagrodia
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Salil Kr. Hazra, J. -
(1.)In this motion the Plaintiffs have applied for (a) injunction restraining the Defendants and each of them, their servants, agents and/or assigns from giving any or any further effect to or acting upon the impugned notice of meeting dated June 20, 1972, being annex. 'C' to the petition or holding any meeting in terms thereof; (b) injunction restraining the Defendants and each of them from holding any Board meeting of the Defendant No. 5 without notice to the Petitioners Nos. 3 and 4; (c) injunction restraining the Defendants and each of them, their servants, agents and/or assigns from interfering with the rights of the Petitioners Nos. 3 and 4 to participate in the management, administration and Board meetings of the Defendant No. 5; (d) a Receiver or special officer be appointed with power and direction to take possession of the Minute Books of the Board meetings of the Defendant No. 5 and the attendance register of the Directors thereof and to initial the same; and (e) ad interim order in terms of prayers (a), (b), (c) and/or (d) above.
(2.)On June 28, 1972, the Petitioners obtained an ex parte ad interim order from R.M. Datta J. as hereunder:
There will be an ad interim order of injunction restraining the Defendants and each of them, their servants, agents and assigns from giving effect to the resolution that might be passed in the meeting to be held pursuant to the notice dated 20th June, 1972, till disposal of this application. Returnable Tuesday next irrespective of filing of affidavit of service. Mr. K.S. Roy, Advocate, is appointed Special Officer with power and direction to initial the Minute Book of the Board meetings of the Defendant No. 5 and the Attendance Register of the Directors thereof in respect of the meeting held on 17th February, 1972. The Special Officer is to act on the signed copy of the minute. Special Officer's remuneration is fixed at 20 G.Ms. to be paid by the Petitioner in the first instance.
(3.)The matter came up for final hearing before me and was very much contested on behalf of the Defendants Nos. 1, 2 and 5.
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